hazardous waste

Proper Disposal of a Hazardous Material: Is it a Hazardous Waste?

On February 2, 2015 an EHS Professional who had attended one of my Training Seminars contacted me with a question:

Dan, I attended your HazMat Employee & Hazardous Waste Training class last <<MONTH>> in <<CITY, STATE>>. I am hoping that you could help me out by advising me what to do with a 4 oz bottle of lacto phenol cotton blue stain that we just discovered hidden in a drawer in our laboratory.

According to SDS, it is approx. 80% phenol which is hazardous.
My question to you is how would you recommend handling this? I know we are allowed to keep small amounts on site. Would you safely package it up and store on site or would you go ahead and pay the cost of disposing it immediately?
Last year we went through the lab to clean out expired chemicals and did hire a company to dispose of all hazardous material but missed this bottle of stain.

I would greatly appreciate your advice.

My response on February 9, 2014:

I apologize for my delay in responding. I’ve been super busy the past few weeks.

To answer your question you have a few options, I have outlined some of them below along with some suggestions.

  • I would not be in any rush to call it a waste – and therefore a hazardous waste – too quickly. As the generator you have some discretion in deciding when it is a waste (i.e. when it is discarded) as long as it does not appear to be abandoned. As such, you could continue to keep it on the lab shelf with some plans in the near future to use it.
  • Is it possible to use it? If you can find some way to use it as a product in a legitimate manner, then it would not be discarded and would not be a waste. Perhaps your lab personnel could use it in some form of experiment that consumes the material leaving nothing but a RCRA Empty container which can then go in the trash.
  • If it becomes a waste, as the generator you have the option to treat a waste to make it non-hazardous. This can be done if the waste is hazardous due to a characteristic (D001, D002, D003, or D004-D043) but not if it is a listed hazardous waste (F-codes, K-codes, P-codes, U-codes). It sounds like what you have is a characteristic hazardous waste (D001 for Ignitability). You could therefore, mix it with a large amount of non-ignitable waste and make it non-hazardous. Or you could solidify it with absorbants and dispose of it as a non-hazardous waste.
  • If you are a CESQG and it is not a listed hazardous waste (see above) you could add it to your Used Oil and still manage it as a Used Oil.

In sum, you have a lot of options for the management of this material that does not require off-site transportation as a hazardous waste. Though of course that remains an option.

I hope this helps. Please don’t hesitate to contact me with any other questions.

Dan

EHS Professional replied:

Excellent information!  Thank you very much!

Daniels Training Services815.821.1550Info@DanielsTraining.com

https://www.danielstraining.com/

Reuse of HazMat Packaging for the Shipment of Hazardous Waste

The reuse, reconditioning, and remanufacture of hazardous material packagings (both bulk and non-bulk) is addressed at 49 CFR 173.28 of the PHMSA/USDOT Hazardous Material Regulations.  In general packagings and receptacles (bulk and non-bulk) used more than once must be in good condition and comply with all of the requirements of the HMR for HazMat packaging; including closure devices and cushioning materials. Before reuse, each packaging must be inspected by the Shipper and may not be reused unless free from incompatible residue, rupture, or other damage which reduces its structural integrity.  Packagings not meeting the minimum thickness requirements prescribed in 49 CFR 173.28(b)(4)(i) may not be reused or reconditioned for reuse, though they may be acceptable for remanufacture.  §173.28 goes on to identify the specific requirements and restrictions for the reuse, reconditioning and remanufacture of non-bulk packagings for the transportation of hazardous materials.  §173.28(b)(6) however, contains an exception from this regulation for the reuse of a non-bulk packaging for the shipment of a hazardous waste.

Hazardous waste container

When transported, a container of hazardous waste is subject to the regulations of the PHMSA/USDOT and the USEPA.

(more…)

Pennsylvania Company Guilty Plea and $1.2 Million Fine for Improper Storage of Explosive Hazardous Waste

The Bullet:

The generator of a hazardous waste violated basic requirements of the hazardous waste regulations.  And, as a consequence, also violated the Hazardous Material Regulations of the PHMSA/USDOT.  These avoidable violations have resulted in significant criminal violations for this company and its officers.

Who:

Action Manufacturing Company in Atglen, PA.

The initial inspection was conducted by the USEPA’s Land and Chemical Division and the Pennsylvania Department of Environmental Protection (PA DEP).

The case was investigated by the EPA’s Criminal Investigation Division and the U.S. Department of Transportation Office of Inspector General. It is being prosecuted by Assistant U. S. Attorney Elizabeth Abrams.

What:

Action Manufacturing Company’s production process generates an explosive hazardous waste.  State and Federal regulations codified under the Resource Conservation and Recovery Act (RCRA) require hazardous wastes to be managed according to the applicable generator regulations while accumulated on-site and sent off-site for disposal only to permitted hazardous waste Treatment, Storage, & Disposal Facilities (TSDFs).  Instead of complying with these regulations, the company stockpiled hazardous wastes on-site for – in some cases – several years in gross violation of the generator on-site accumulation time limits.

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Where:

Action Manufacturing Company is headquartered in Bristol, Bucks County, PA.

The hazardous waste in question was stored at its facility in Atglen, Chester County, PA

When:

Initial inspection was completed by the USEPA’s Land and Chemical Division and the Pennsylvania Department of Environmental Protection (PA DEP) in November 2011.

Action Manufacturing entered the guilty plea on May 21, 2014.

A sentencing hearing is scheduled for August 27, 2014.

Why:

Federal and state hazardous waste regulations require a generator of hazardous waste to comply with applicable regulations in lieu of obtaining a permit for the storage of a hazardous waste.  Indefinite, long-term storage of this type without a permit is not allowed.  Further, evidence of a knowing violation of the regulations can lead to criminal prosecution, as in this case.  Also, as is often the case, violations of the USEPA hazardous waste regulations results in violations of the PHMSA/USDOT regulations for the transportation of a hazardous material (in this case a hazardous waste).

How:

Both Federal and state regulations allow authorities of the USEPA or your state, if it has an authorized hazardous waste program, to enter the property of a hazardous waste generator at any reasonable time and go anyplace hazardous waste are or have been.

Conclusion:

I don’t pretend to know all the facts of this case.  I am relying solely on the news release of the USEPA:  Pennsylvania Company Pleads Guilty to Improper Storage of Explosive Hazardous Waste and Agrees to $1.2 Million Fine.  However, it appears to me that compliance with the regulations of the USEPA and the PA DEP would not have been that difficult and certainly are preferable over this outcome.

Don’t wait!  Contact me for a free consultation regarding your compliance with the regulations of the USEPA, your state, and the PHMSA/USDOT.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

 

The Satellite Accumulation of Hazardous Waste in Missouri

In an earlier article I explained the basic requirements of the USEPAs Federal regulations for the accumulation of hazardous waste in a Satellite Accumulation Area [40 CFR 262.34(c)].  Most states with an authorized hazardous waste program incorporate the Federal regulations for SAAs and the State of Missouri is no exception.  It has an authorized hazardous waste program and has largely incorporated by reference the Federal regulations, however, as the Missouri Code of State Regulations reads at 10 CSR 25-5.262:

40 CFR 265.16 training and 49 CFR 172, Subpart H training

Training for Hazardous Waste Personnel and HazMat Employees in Missouri

This rule sets forth standards for generators of hazardous waste, incorporates 40 CFR part 262 by reference, and sets forth additional state standards.

Emphasis mine.

In this article I will explain what is necessary for a generator of hazardous waste in Missouri to manage hazardous waste in a satellite accumulation area in order to comply with the regulations of the MO Department of Natural Resources [10 CSR 25-5.262(2)(C)(3)].

First, let’s review the regulatory requirements where MO DNR and USEPA agree, they include:
  • Container(s) must be of good condition and suitable for the safe storage of hazardous waste.
  • Container(s) must be properly marked with either the words “Hazardous Waste” or other words that identify the contents of the container.
  • Container(s) must be kept securely closed except when waste is added or removed.  Generator must manage the waste in a way that prevents or minimizes the possibility of exposure, spills, fire, loss of vapors, etc.
  • Container(s) must be at or near the point of generation of the waste.
  • Container(s) must be under the control of the operator.  MO DNR guidance specifies:

 SAA must be located where the process or equipment operator has a clear view of the satellite area at most times when the generating process or equipment is operating.

Now let’s take a look where Missouri differs from the Federal regulations:
  • Hazardous waste may not accumulate in an SAA for more than one year.  The one year time limit for accumulation in an SAA begins at the moment the first drop of hazardous waste enters the container in the SAA.  This differs greatly from the USEPA which has no limit on the amount of time a hazardous waste may accumulate in an SAA.
  • Due to the above Missouri facilities have an additional marking requirement:  The date of accumulation must be marked clearly on the container.  In other words, the date the first drop of hazardous waste is added must be written on the container.
  • You may accumulate more than 55 gallons of hazardous waste in an SAA provided you have no more than one 55-gallon container per wastestream in each SAA.  This differs greatly from the USEPA which allows no more than 55-gallons total volume of hazardous waste in each SAA.  Compliance with this requirement is made more difficult by the fact that you will not find any mention of it in the Missouri regulations.  In a recent conversation with the MO DNR I was told that this expansion on the Federal regulations is based on an interpretation by the MO DNR and how it chooses to enforce its regulations.  You will find a reference to this allowance in an MO DNR guidance document I have a link to at the end of this article.
  • Once any single container is full (whether it is a 55-gallon container or smaller) it must be marked with the date the container became full, and marked, labeled and otherwise  managed according to the Missouri regulations for generator storage of hazardous waste.  Further, the container must be shipped off-site for final treatment, storage, or disposal or moved to the facility’s Central Accumulation Area for storage of hazardous waste within 3 calendar days of being full.  If moved to the facility’s CAA, it may be dated again and stored onsite for another 90, 180, or 270 days as applicable.
  • Under no conditions may a hazardous waste (acute or non-acute) remain in an SAA for longer than one year from the first moment hazardous waste is added to the container.
  • MO DNR requires that personnel who are exposed to hazardous waste in an SAA receive training to ensure they are familiar with proper management procedures, health and safety risks, and procedures in the event of an emergency.  This is another departure from the Federal regulations which have no training requirement for personnel exposed to hazardous waste in an SAA.  Also, you won’t find this requirement in the regulations or the MO DNR guidance document.  However, I was told in recent conversation with the MO DNR that they do expect you to provide this training.
Example:

A Missouri facility manages three 55-gallon and one 5-gallon container of hazardous waste in a single SAA; each container has a different kind of non-acute hazardous waste.

  • The facility may continue to manage all of the hazardous waste in the SAA provided all of the applicable regulatory requirements are met.
  • If any one of the containers becomes full within one year of the start of hazardous waste accumulation the container should be closed, dated, and managed according to the MO DNR regulations for hazardous waste storage.  The facility has three calendar days to ship offsite or move to its CAA.
  • If any container has remained in the SAA for one year from its date of initial accumulation (1st drop!) the container must be immediately removed from the SAA to the CAA or shipped offsite to a TSD Facility.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/https://www.danielstraining.com/
Conclusion:

Staying on top of the Federal hazardous waste regulations of the USEPA can be a challenge.  You must also be aware of those of your state, especially where it differs from the Feds; and especially if, like Missouri, your state has gone well beyond the USEPA in its regulations, interpretations, and enforcement.

If you have any doubts about your facility’s compliance with these regulations I encourage you to contact the MO DNR for a site-specific assessment of your operations.  Also, here’s that MO DNR guidance document I mentioned earlier:  MO DNR Hazardous Waste Satellite Accumulation.

Contact me for HazMat Employee and RCRA Training

Daniels Training Services
815.821.1550
Info@DanielsTraining.com
www.DanielsTraining.com

I encourage you to attend my training to brush up on the Federal regulations and gain a perspective on those of your state.

And hey!  I’ll be in Kansas City, MO on June 5th, 2014 for one solid day of training:  4 hours of Hazardous Waste Personnel (USEPA) and 4 hours of HazMat Employee (USDOT).

Episodic Generation of Hazardous Waste

The RCRA regulations identify three status of hazardous waste generators determined by the amount of hazardous waste generated in a calendar month:

  1. Large Quantity Generator (LQG) – Generates ≥1,000 kg of hazardous waste or >1 kg of acute hazardous waste per calendar month.
  2. Small Quantity Generator (SQG) – Generates >100 kg but <1,000 kg of hazardous waste per calendar month.
  3. Conditionally Exempt Small Quantity Generator (CESQG) – Generates ≤100 kg of hazardous waste and ≤1 kg of acute hazardous waste per calendar month.

For many facilities their hazardous waste generation is routine enough that they are able to determine their hazardous waste generator status and then comply with the regulations of that status year after year.  For some facilities however, it’s not so easy; their rate of hazardous waste generation may vary from  month to month, as in the following example:  During a once every two years clean out of a storage tank, a CESQG that routinely generates < 50 kg/mo of spent acid generates 2,000 kg of a hazardous waste paint sludge all at once.  The US EPA foresaw this situation and describes such facilities as Episodic Generators of Hazardous Waste.  In the example the facility has two options:

  1. Comply with the regulations applicable to an LQG for the tank clean out waste for as long as it remains on-site, but continue to manage the spent acid according to the regulations of a CESQG; assuming of course that the generator is able to keep the two wastes distinct and separate (RO 12602).
  2. Manage all waste it generates in that month according to the regulations applicable to an LQG.

The management of hazardous waste at one facility according to two different standards may seem confusing, and may be more trouble than its worth however, it makes sense when you consider the spirit of the rule these regulations are based on:  The US EPA believes that an LQG should be held to a higher standard than a generator of less hazardous waste due to its higher potential for a significant environmental impact in the event of a release.  A distinct waste, generated at a lower rate, and kept separate from the higher-volume, higher-risk waste can be managed according to a less strict standard.  If, however, you are not able to keep the waste separate, then all of the waste must be managed pursuant to the regulations of the higher hazardous waste generator status.

In the preamble to the regulations that created the SQG status in 1986, the US EPA addressed this issue:

The Agency has always taken the position that a generator may be subjected to different standards at different times, depending upon his generation rate in a given calendar month (51 FR 10146, 10153 March 24, 1986).

The Agency goes on to state:

Thus, any non-exempt waste (referring to hazardous waste generated above the LQG threshold) that is generated during a calendar month in which the 1,000 kg/mo cutoff is exceeded is subject to full regulation until it is removed from the generator’s site.  If such fully regulated waste is mixed or combined with waste exempt or excluded from regulation or waste that is subject to reduced regulation under today’s final rule (the rule creating the SQG status), then all of the waste is subject to full regulation.

I added text in (parenthesis) in the above quote for clarification.

In addition, the RCRA Orientation Maual (EPA530-R-98-004) reads:

If a generator’s status does in fact change, the generator is required to comply with the respective regulatory requirements for that class of generators for the waste generated in that particular month.

I read it this way, If a generator’s status changes, the generator is required to comply with the respective regulatory requirements…

  • for the applicable generator status,
  • only for the distinct waste generated above the generator status threshold,
  • in the calendar month the waste was generated and for as long as it remains on-site.

Of course, once the waste generated above the threshold is shipped off site for treatment, storage, or disposal, the facility may resort to compliance with its routine generator status.

Be sure to check with your State before you take advantage of this Federal interpretation of the regulations.  It is quite possible that your State takes a more strict approach to this aspect of the regulations.

Compliance with the regulations is tricky, this particular article was written to answer a question I received at training a while back.  It took me far longer to answer the question than I prefer, but I now feel confident that I understand this particular aspect of the regulations and will be better able to field related questions in the future.  At my training, both On-Site or Public Seminars, I pride myself on answering the questions of my clients.  Contact me and give me a chance to answer your questions too.

RCRA Training is the Solution for South Carolina Company Facing EPA Fines for Hazardous Waste Violations

Sumter Coatings, Inc. (SCI) in Sumter, SC must pay a $55,000 civil penalty as part of a settlement with the US Environmental Protection Agency for violations of the Resource Conservation and Recovery Act (RCRA) regulations discovered at its facility during a joint US EPA & SC Department of Health and Environment inspection (press release).  Alleged violations of the hazardous waste regulations include:

  • Improper management of hazardous waste containers on site;
  • Failure to provide a sufficient base beneath containers which held hazardous waste;
  • Failure to make a hazardous waste determination;
  • Failure to inspect all areas where hazardous waste containers are stored weekly;
  • Failure to develop personnel training program to ensure compliance with hazardous waste regulations;
  • Failure to update information contained in the contingency plan, along with failing to make arrangements with local police and hospital authorities regarding the contingency plan and submitting copies of the contingency plan to first responders.
Along with the civil penalty noted above, the EPA also required the company to develop a personnel training program, develop a schedule for implementation of the training program, and identify facility employees that require training.

It is sadly ironic that yet another company is developing a training program under the shadow of an enforcement action when proactive implementation of RCRA training could have precluded the violations from occurring in the first place.  Hazardous waste training is required for all personnel of a large quantity generator who handle, manage, generate, work around, treat, recycle, etc. hazardous waste and is highly recommended for similar employees of small quantity generators.  In addition to being a regulatory requirement, it is also a good way for you and your personnel to maintain compliance with the full array of hazardous waste regulations applicable to your operations.

I can provide RCRA Training and DOT HazMat Employee training in a variety of formats and locations; either at my open enrollment events held nationwide and year round, or right at your facility with on-site training tailored to your site-specific needs.  Please review my training schedule to find a date and location convenient to you, or contact me for a free training consultation.

Generator Determination of P- & U- Listed Hazardous Waste

A company I am familiar with is a Large Quantity Generator (LQG) of hazardous waste, largely due to the generation of what it has determined to be U-listed hazardous waste.  The point of generation for the waste is an air pollution control device (dust collector) that services a process where several raw materials – some U-listed – are mixed.  It is my opinion that the waste determination in this case is incorrect in that a U-code (and a P-code for that matter) does not apply in this case.  I shared this opinion with company representatives and was met with skepticism.  Let’s review this particular aspect of the P- and U-codes and see what you think.

First, a little background:

P- and U-wastes are identified at 40 CFR 261.33 and along with F- and K-wastes make up the four kinds of listed hazardous wastes.  P- and U- wastes are discarded commercial chemical products, off-specification species, container reisdues, and spill residues thereof.  EPA further described them at the publication of the Final Rule (45 FR 33115):

“EPA intended to encompass those chemical products which possessed toxic or other hazardous properties and which, for various reasons, are sometimes thrown away in pure or undiluted form.  The reasons for discarding these materials might be that the materials did not meet the required specifications, that inventories were being reduced, or that the product line had changed.  The regulation was intended to designate chemicals themselves as hazardous wastes, if discarded, not to list all wastes which might contain these chemical constituents.  In drawing up these lists, the agency drew heavily on previous work by EPA and other organizations identifying substances of particular concern [e.g. ,the Department of Transportation].”  Emphasis mine.

The key to proper determination of a P- or U-listed hazardous waste is the identification of a Commercial Chemical Product (CCP), the regulations include several references to CCP’s, including:

  1. Virgin or unused materials whose name appears on the P- or U-list.Hazardous Waste Accumulation Area
  2. Manufacturing chemical intermediates whose name appears on the P-or U-list.
  3. Off-specification species of listed virgin or chemical intermediates.
  4. Container residues of listed materials that are not “RCRA Empty” per 40 CFR 261.7.
  5. Residue and spill clean-up of listed materials.

A comment included with 40 CFR 261.33(d) clarifies this further:

“Comment: The phrase “commercial chemical product or manufacturing chemical intermediate having the generic name listed in .  .  .” refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraph (e) or (f). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in paragraph (e) or (f), such waste will be listed in either §261.31 or §261.32 or will be identified as a hazardous waste by the characteristics set forth in subpart C of this part.”  Once again, emphasis mine.

Once again, the EPA makes clear that both P- and U-codes are meant to be applied to virgin material or a manufacturing chemical intermediate which has not yet been processed or reacted.  P- and U-codes are specifically not to be used for manufacturing process waste.  OK, what is a manufacturing process waste?

Quite simply, a manufacturing process waste is any waste generated once the CCP or manufacturing chemical intermediate has left the “Material Handling Stage” and entered the “Manufacturing Process”.  If the point of generation of the waste (ie. the moment it is or is decided to be discarded) is within the manufacturing process it is a manufacturing process waste.  A manufacturing process waste cannot be a CCP or manufacturing chemical intermediate.  Therefore it cannot be a P- or U-listed hazardous waste.

Please note however that if the P- and U-codes don’t apply, the waste may still be hazardous as a F- or K-listed hazardous waste.  Or, it may be hazardous for one of the four characteristics:  ignitability, corrosivity, reactivity, or toxicity.  It could also be a combination of several of the above.

My example company should remove the U-codes from this waste and, assuming no other listed or characteristic hazards, reclassify it as  a non-hazardous waste.  This will likely change its hazardous waste generator status from LQG to Small Quantity Generator (SQG).

Some mistakes a company makes in its interpretation of the hazardous waste regulations can cost money in fines and violations.  Others, like this one, result in unnecessary waste disposal costs and adherence to overly restrictive regulations (ie. LQG instead of SQG).  Both of these kinds of mistakes can be avoided by attending one of my open enrollment training sessions.  At my training I cover the EPA regulations for hazardous waste personnel in the 1st half of the day (4 hours) and the DOT regulations for the transportation of hazardous materials in the 2nd half (4 hours).  One day is all it takes to get you back in compliance and avoiding costly mistakes like this.

Hazardous Waste Violations Could Result in HazMat Transportation Violations

Hazardous Waste Label(Boston, Mass. – Feb. 17, 2012) – A Rhode Island company that conducts printing, coating and finishing of specialty fabrics has been ordered by EPA to come into compliance with federal hazardous waste management regulations.

Its violations include a failure to:

  • Complete a hazardous waste determination for the waste it generates.
  • Separate incompatible hazardous wastes.
  • Provide adequate RCRA Training for its employees.
  • Maintain a hazardous waste contingency plan.
  • Properly manage and label its universal waste.

Usually I would harp on the failure to provide adequate RCRA Training since this sort of training is just what I do, actually it’s only part of what I do, but read on.  However, I’m going to conjecture that violations of the EPA regulations will inevitably result in violations of the Department of Transportation (DOT) hazardous material transportation regulations and possibly cause a hazardous materials incident; here’s how.

I’ll assume that as a printer, the Rhode Island company uses flammable liquids as solvents, thinners, cleaners, in its inks, etc.  It is quite possible that the hazardous waste determination failure was for materials such as these.  If so, what should be an ignitable hazardous waste with the characteristic waste code of D001, might be identified as a non-hazardous material.  This kind of mistake will then lead to the other hazardous waste violations noted in the press release.  But what about when the hazardous waste is shipped off-site for disposal or treatment, what then?

I’ll assume that this company is a Large Quantity Generator (LQG) of hazardous waste and therefore must use a Uniform Hazardous Waste Manifest for its off-site shipments of hazardous waste.  The use and proper completion of the manifest is a requirement of both the EPA and the DOT.  Therefore, an incomplete or missing hazardous waste determination may result in the improper completion of the manifest.  It may also result in the incorrect use of the remaining three hazard communication methods required by DOT for shipments of hazardous waste.  Along with the manifest as a shipping paper, they are:

  1. Placards
  2. Labels
  3. Markings

Clearly, a violation of the EPA regulations to conduct a hazardous waste determination (40 CFR 262.11) can result in a violation of the DOT regulations when shipping hazardous waste.  And not just a violation of the regulations.  According to the DOT ~80% of hazardous material incidents in transportation are due to human error; another ~15% are due to package failure.  Errors may result not only in violations and fines, but serious personal injury or damage to property.

The solution?  One word:  Training.

I provide the training that addresses all of these issues and more; conducted either as open enrollment training held nationwide and year-round or as on-site training tailored to your site specific needs.  At my training you will learn the regulations of the EPA for facility personnel found at 40 CFR 265.16 and those of the DOT for HazMat Employees found at 49 CFR 172, Subpart H.

Contact me to arrange for training to bring you back into compliance and avoid these costly and dangerous violations.

Use of the Emergency Response Telephone Number for Shipments of Hazardous Materials and Hazardous Waste

If you offer for transportation a hazardous material (HazMat) on a shipping paper such as a bill of lading or a hazardous waste on the Uniform Hazardous Waste Manifest (required for both large and small quantity generators of hazardous waste) you must provide an emergency response telephone number for use in the event of an emergency.  I have found many shippers to be unaware of their responsibility regarding this matter as they rely on the carrier and/or designated facility to provide the information required by 49 CFR 172.604.

This article was updated November 01, 2019 to reflect changes made to the regulations since its first publication on March 27, 2012.

The purpose of the emergency response telephone number is that it be a source of helpful information for emergency responders in the event of a HazMat Incident, therefore the number must be:

  • Monitored at all times the hazardous material is in transportation until it reaches its designated facility and is removed from transportation.

And…

  • The number of a person who is knowledgeable of the HazMat being shipped and has comprehensive emergency response information and incident mitigation information for that material.

Or…

  • Has immediate access to a person who has such knowledge and information.  Telephone numbers that require a call back such as an answering service, beeper, or answering machine will not suffice (LOI 01-0176).

This knowledgeable person monitoring the telephone 24/7 (if necessary) is known as the Emergency Response Information Provider or the ERI Provider.

It is important that the emergency response telephone number is clearly visible in the event of an emergency, therefore the number must be written on the shipping paper:

  • Immediately following the description of the hazardous material (this would be Section 9b of the Uniform Hazardous Waste Manifest).
  • Entered once on the shipping paper in a “prominent, readily identifiable, and clearly visible manner…”  This can be done by using a larger or differently colored font, highlighting, or otherwise setting the number apart.  It must also be indicated on the shipping paper that the number is for emergency response information (e.g., “EMERGENCY CONTACT ###”).  This option can only be used if the number applies to each hazardous material on the shipping paper.  Section 3 of the Uniform Hazardous Waste Manifest may be used to fulfill this requirement.

Unfortunately some shippers and carriers were using the phone numbers of ERI Providers that they had not registered with to provide such service and in an emergency first responders were not able to obtain the necessary information from the ERI Provider.  For this reason, effective October 1, 2010, some form of identification of the person who has registered with the ERI Provider must be included on the shipping paper.  Note that the name of the ERI Provider is not required to appear on the shipping paper, merely their phone number (LOI 11-0152, LOI 10-0262).  However the name of the person that has contracted or registered with the ERI Provider to perform this service must be identified on the shipping paper.  Identification can be by name, contract number, or other unique identifier of the ERI Provider for the registrant and it must be near the emergency response telephone number unless it appears elsewhere on the shipping paper in a prominent, readily identifiable, and clearly visible manner.

So, if the person offering the hazardous material for shipment is also the ERI Provider, their name or some other acceptable means of identification must appear prominently and clearly on the shipping paper.  For the Uniform Hazardous Waste Manifest this is accomplished by proper completion of Section 5.  If a 3rd party is contracted to be the ERI Provider then some identification linking them to the registrant (name, contract number or other unique identified of the ERI Provider) must be clearly visible on the shipping paper (LOI 10-0146).  This information could be recorded in Section 14 of the Uniform Hazardous Waste Manifest.

If using a 3rd party, it is the responsibility of the person registered with the ERI Provider to ensure they have the current information on the material before it is offered for shipment.  This is especially important for hazardous waste shipments as the wastes may be different for each pickup.

49 CFR 172.604(b) can be difficult to read and understand (It was much more challenging for me than I thought it would be) but the intent is clear:  some information linking the ERI Provider to the person offering the hazardous material for shipment must be clearly visible on the shipping paper for emergency responders to find.  As of June 2011, the Agency was aware of the confusing text of this regulation and will be taking steps to clarify it (11-0008).

For telephone numbers outside the US, the international access code or the “+” sign, country code, and city code as appropriate must be included.

If preparing shipping papers for the continued transportation of a hazardous material, it is the responsibility of the subsequent offeror to ensure if the original or previous emergency response telephone number is authorized for that shipment.  In such a situation, the subsequent offeror may choose to use their own ERI Provider (11-0005).

The requirement to include an emergency response telephone number do not apply to:

  1. Limited Quantities offered for transportation pursuant to 49 CFR 173.150-156 & 173.306.
  2. Transportation vehicles or freight containers with lading that has been fumigated and displays the FUMIGANT marking, as long as no other hazardous materials are present.
  3. Materials properly described under the following shipping names:
  • Battery powered equipment.
  • Battery powered vehicle.
  • Carbon dioxide, solid.
  • Castor bean, castor flake, castor meal, or castor pomace.
  • Consumer commodity.
  • Dry ice.
  • Engines, internal combustion.
  • Fish meal, stabilized or fish scrap, stabilized.
  • Refrigerating machine.
  • Vehicle, flammable gas powered.
  • Vehicle, flammable liquid powered.
  • Wheelchair, electric.

Prior to your next shipment, ensure that you are in compliance with these important regulations.  Significant penalties will be assessed if the emergency response telephone number for a shipment of your hazardous waste or hazardous material is discovered to be incorrect or incomplete during a hazardous material incident or emergency.  You must also ensure proper training of your HazMat Employees and the employees of a Large Quantity Generator of hazardous waste who handle the waste, including preparing it for shipment or signing the Uniform Hazardous Waste Manifest.  Please contact me to schedule on-site training.

Weekly Inspections of Hazardous Waste Containers in Satellite Accumulation Areas

Both Large and Small Quantity Generators of hazardous waste (LQG & SQG respectively) are required to conduct weekly inspections of their hazardous waste accumulation areas; typically referred to as Central Accumulation Areas (CAA’s) or 90 (for LQG’s) or 180 (for SQG’s) day accumulation areas.  I was recently at an LQG and was told by the EHS Coordinator that the weekly inspection took her almost 5 hours to complete.  The reason?  The inspection included more than 50 Satellite Accumulation Areas (SAA’s) distributed throughout the sprawling facility.  My observation that weekly inspections are not required for SAA’s caught her by surprise.  “Are you sure?” she asked.

Yes I am.

The Federal regulations for managing hazardous waste in an SAA can be found at 40 CFR 262.34(c).  The baseline requirements are known to most:

  • No more than 55 gallons of hazardous waste or 1 quart of acute hazardous waste in a single SAA.
  • In a container at or near the point of generation where the waste initially accumulates.
  • Under the control of the operator of the process generating the waste.

While waste accumulates in the SAA, the generator must comply with other routine container requirements:

  • 40 CFR 265.171:  Containers in good condition.
  • 40 CFR 265.172:  Container compatible with waste.
  • 40 CFR 265.173(a):  Container kept closed except when adding or removing waste.
  • Mark container with the words “Hazardous Waste” or other words that describe the contents (check with your State on this point specifically since some require additional information to be included).

While the waste is maintained in the SAA in compliance with the above, it is not subject to the requirements of 40 CFR 262.34(a) 0r (d); these are the regulations that refer to the weekly inspection requirements of  40 CFR 265.174.  Therefore, proper maintenance of hazardous waste in an SAA precludes the requirement for weekly inspections.

Additional requirements kick-in when the SAA volume thresholds of 55 gallons for hazardous waste or 1 quart for acute hazardous waste are reached; at that point the generator must…

  • Date the container.
  • Move it to the CAA within 3 calendar days.  Note:  not 72 hours or 3 business days.
  • Once moved to the CAA, the generator may re-date the container and then begin the 90 or 180 day accumulation time period.
  • Once moved to the CAA, the container becomes subject to all the standard hazardous waste generator requirements of 40 CFR 262.34(a).

Weekly inspections of waste containers (both hazardous waste and acute hazardous waste) are an option, not a requirement.  Decide for yourself if the benefit from inspections is worth your time and effort.  For more information about SAA’s, review this US EPA FAQ’s on the subject.

I pride myself in providing a training service that not only complies with the regulations (training is required for LQG’s at 40 CFR 265.16) but also gives you information you can use (see above) to make your job of environmental compliance easier.  Please review my schedule of open enrollment training events or contact me to schedule on-site training.